How to request and cancel police records in Spain (Complete Guide 2026)
The existence of a police record can be one of the main reasons for denial in immigration and Spanish nationality procedures. Many people believe that it is enough not to have a criminal record, but the truth is that police records are independent and can seriously affect your file.
In this guide we explain how to find out if you have a police record in Spain and how to cancel it correctly to avoid problems in your application for residency, roots or nationality.
What are police records?
Police records are records that appear in police databases when a person has been identified, arrested or investigated in the framework of a police action.
It is important to differentiate them from criminal records:
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Criminal records: depend on the Ministry of Justice and derive from a final judicial conviction.
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Police records: these depend on the police forces and may exist even if the proceedings have been closed or have ended in acquittal.
This is the reason why many applications for aliens or nationality are denied even though there is no criminal record.
Which police forces may have your data?
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In Spain there are several police forces with their own databases:
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National Police
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Civil Guard
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Mossos d’Esquadra (Catalonia)
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Autonomous police in other communities
Each body manages its own files. Therefore, requesting information from only one of them does not guarantee that there are no records in another.
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How to request a police record in Spain?
Unlike the criminal record certificate, there is no such thing as a “police record certificate”. What you must exercise is your right of access to personal data, recognized in:
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General Data Protection Regulation
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Organic Law 3/2018
Step 1: Request for right of access
You must submit an application to each corresponding police force, indicating:
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Full name
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DNI/NIE or passport
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Notification address
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Express request for access to personal data
Currently, this can be done telematically or in person, depending on the police force.
Response time
The Administration generally has one month to respond (extendable in complex cases).
The resolution shall state:
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Whether or not police data are on record
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What type of data exists
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Date and reason for registration
How to cancel the police record?
If you discover that there is a police record, you should exercise your right of cancellation or deletion.
Typical cancellation requirements
It will depend on the specific case, but it is generally required:
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The proceeding has been definitively closed
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Or that there is a judgment of acquittal
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Or that the sentence has been served and extinguished
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That there are no pending civil liabilities
Required Documentation
Normally it must be provided:
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Final order to file
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Final judgment
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Certificate of the Court certifying the extinction of criminal and civil liability.
Once the request has been submitted, the police force will analyze whether the cancellation is appropriate.
How long does cancellation take?
There is no uniform time frame. Although it is sometimes resolved within a few weeks, in practice it can take a long time:
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Between 1 and 3 months
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In some cases, more time if additional information is required.
It is important to follow up on the file, especially if you have an ongoing immigration proceeding.
Why is it so important to expunge a police record before applying for citizenship or arraigo?
In procedures such as:
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Spanish nationality by residence
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Social roots
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Labor roots
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Residency renewals
Management requests internal police reports.
Even if you do not have a criminal record, the existence of a police record may be considered a negative indication of integration or civic behavior, causing:
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Requirements
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Denials
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Significant delays
That is why it is essential to review your situation before submitting any application.
Have you been denied citizenship or residency because of a police record?
At Martínez & Caballero Abogados we analyze your complete file, request access to all police bodies and process the cancellation correctly to avoid further denials.
If you have received an unfavorable ruling or want to make sure before filing your application, it is advisable to review your situation with a specialized attorney.
José María Martínez Fernández.
Founding Partner of Martínez Caballero Abogados.
Not always. In many cases they remain active if cancellation is not expressly requested.
Yes, this is a fairly common situation.
Yes. They can be used as a basis for a negative assessment of civic behavior.
No. They are different registries managed by different agencies.
